R v Wood [2024] NSWDC 560

R v Wood [2024] NSWDC 560

Given the offender's persistent and serious welfare payment fraud, her personal circumstances and the significance of community safety, it is determined that an aggregate sentence of imprisonment is required. However, due to factors including the Crown's concession, risk assessment, and family impact, the sentence will be served by way of an Intensive Correction Order for two years six months, with specific additional conditions imposed.

Parties
Crown: Commonwealth DPP; Offender: Breanna Jade Wood
Jurisdiction
Australia
Judgment Date
20 August 2024
Procedural Posture
Criminal Sentencing / Sentence Imposed After Guilty Plea
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 2 years 6 months, to be served by Intensive Corrections Order with additional conditions.
Legal Topics
Commonwealth Fraud Offences, Sentencing, Dishonestly Obtaining Gain, Welfare Fraud
Criminal Law Commonwealth Fraud Offences Sentencing Dishonestly Obtaining Gain Welfare Fraud

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Parties

Commonwealth DPP

Crown

Breanna Jade Wood

Offender

Procedural Posture

Criminal Sentencing / Sentence Imposed After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for dishonestly obtaining Commonwealth welfare payments
  2. 2 Assessment of objective seriousness and personal circumstances of offender
  3. 3 Determination of whether Intensive Correction Order (ICO) is suitable alternative to full-time imprisonment

Ratio Decidendi

Given the offender's persistent and serious welfare payment fraud, her personal circumstances and the significance of community safety, it is determined that an aggregate sentence of imprisonment is required. However, due to factors including the Crown's concession, risk assessment, and family impact, the sentence will be served by way of an Intensive Correction Order for two years six months, with specific additional conditions imposed.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 2 years 6 months, to be served by Intensive Corrections Order with additional conditions.

Orders

  • Head sentence of two years six months' imprisonment ordered to be served by way of Intensive Correction Order, commencing 20 August 2024.
  • Standard ICO conditions: not commit any offence during period; submit to supervision by Community Corrections for term of order.